If you or a loved one requires legal representation for obtaining visas, green cards, citizenship, adjustment of status, or stopping deportation, our experienced Los Angeles immigration attorneys may be able to help.

Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Nevada DUI Laws to learn more.

Immigrating to the U.S. is a gauntlet of forms, rules and interviews. But our attorneys are committed to making the process as quick and easy for you as possible. Visit our page on Nevada immigration laws to learn more.

All crimes in Colorado consist of "elements." An element is a fact that the prosecutor must prove beyond a reasonable doubt for the defendant to be convicted. In this section, our Colorado criminal defense attorneys discuss the elements of each crime. Then we explain effective ways to defend against the charge, and what penalties a conviction may carry.

Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.

Bad Faith “Duty to Defend” by an Insurer in California

In California, insurance companies have a duty to defend and indemnify their policy holders. This means that when a third party makes a claim for a covered risk, the insurer must promptly and fairly investigate the claim in good faith. The insurer must also provide the policy holder with a legal defense if the claim is potentially covered.

Failure to defend and indemnify a policy holder may constitute “bad faith” by the insurer. Damages for bad faith breach of the "duty to defend" in California can include:

1. What is an insurer's “good faith” obligation?

Insurance policies are contracts between the insurer and the policy holder. In California, every contract contains an implied covenant of good faith and fair dealing.

This means that each party must act in good faith to fulfill its obligations under the contract. The parties must not do anything to interfere unfairly with the other party's right to receive the benefit(s) of the contract.1

Provide the policy holder with a legal defense against third party claims, and

Use good faith attempts to settle claims.

Example: During a party at Bill's house, a guest trips and hits her head on the sink. She makes a premises liability claim against Bill for her medical bills and lost wages. Bill's homeowner's insurance policy covers “slip and fall” accidents if caused by the homeowner's negligence. At this stage no one is sure why the guest slipped. But because the claim is potentially covered, the insurer must investigate it promptly and use good faith efforts to defend Bill's rights.

2. What acts constitute “bad faith” by an insurer in California?

Many acts can constitute “bad faith” by California insurers. Without limitation these include:

Unreasonable delay or refusal to pay a claim.3

Failure to conduct a full, prompt and fair investigation.4

Lack of reasonable standards for investigating claims.

Failure to communicate with the policy holder regarding a claim.

Misrepresentation of facts about the policy or coverage.5

Unreasonable refusal to settle a claim.

Failure to adequately explain denial of a claim.

Compromising the insured's ability to defend a lawsuit in any way.6

3. When does an insurer have a duty to defend a policy holder?

Insurers in California are required to defend and indemnity their policy holders if a risk is even “potentially” covered. This means that even if the cause of an accident is unknown, the insurer must treat it as a covered risk, at least initially.

Example: Joel buys a new home but lets the current owners stay in it for up to 60 days. Sometime before the 60 days is up the family moves out, leaving the house vacant. During that time the house is damaged in a fire.

Joel's homeowner denies Joel's claim for property damage on the grounds that the policy does not cover homes that have been vacant for more than 30 days. But absent proof of when the prior owners moved out, the company must investigate and consider Joel's claim in good faith.

The policy holder must also act in good faith and comply with the notice requirements set forth in the policy.7 Misrepresenting the facts of an accident could invalidate the policy and possibly result in prosecution for fraud.

4. What is a “covered risk” under California insurance law?

In determining whether a risk is covered, California courts look to the language contained in the insurance policy. The court then decides what is the insured's “reasonable expectation” based upon such language.

If the intent is not clear, the court resolves any ambiguity in the policy holder's favor. The result is that where a claim might or might not be covered, depending on facts that are as yet unknown, the insurance company must still investigate and, if necessary, defend against third party claims.

5. What damages can I recover for an insurer's bad faith in California?

Damages for an insurer's bad faith failure to defend and indemnify can include:

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